Failing to diagnose an injury or illness that adversely affected your health might be considered medical malpractice because it may constitute negligence. If the health care professional’s failure to diagnose deviated from the acceptable standard of care and resulted in physical harm, you might have the basis of a medical malpractice lawsuit.
A lawyer could help you use your medical records, along with expert medical testimony, to prove the medical professional who treated you failed to exercise the same standard of care their peers with comparable training and experience would have used. You can find out if a failure to diagnose is considered malpractice in your case by consulting with a medical malpractice law firm.
How Failure to Diagnose Could Count as Medical Malpractice
There are many different actions, or inactions, that could qualify as medical malpractice. Sometimes these actions result in a missed diagnosis. This type of malpractice may occur when a doctor fails to conduct the appropriate screenings, testing, or examinations while caring for a patient. It could also occur when a doctor fails to correctly interpret patient data.
When a doctor fails to diagnose a condition, several harmful outcomes could occur. By remaining undiagnosed, the condition will likely go untreated. This could allow the condition to get worse and cause new injury to the patient. It may even change the amount of recovery that is possible once the condition is diagnosed.
If a doctor or hospital’s negligence allowed a condition to go undiagnosed, and further injury occurred, the patient may have the grounds for a medical malpractice lawsuit.
Legal Requirements for Filing a Medical Malpractice Lawsuit
Suing a health care professional in New York requires the filing of a certificate of merit, according to New York Civil Practice Law & Rules (CVP) §3012-A. Your lawyer can explain their responsibility to file the certificate on your behalf, as well as the required filing deadline. The certificate of merit must:
- Establish your lawyer’s review of your potential lawsuit
- Prove a medical expert was consulted and finds your case valid
The required certificate of merit is just one component of a complete case file. You may also need to collect other forms of evidence to establish your right to financial compensation due to neglect.
Medical Malpractice Lawsuits Have a Statute of Limitations
Like every civil lawsuit, your medical malpractice lawsuit has a filing deadline. Predetermined by the state, the amount of time you have to file your lawsuit is known as the statute of limitations. Failing to comply with it could mean your lawsuit is dismissed without being heard.
Two years and six months is generally the maximum amount of time that may elapse between the discovery of your missed or failed diagnosis and the filing of your medical malpractice lawsuit, according to CVP §214-A.
When you hire a lawyer to help establish the legal foundation of medical malpractice and neglect early, they can work to ensure timely filing of your case and avoid outright dismissal of your lawsuit.
Calculate Your Recoverable Damages
Once the appropriate at-fault health care practitioner or facility in your medical malpractice lawsuit is identified, you and your legal team may start building a case to assign financial liability for your injuries and their related expenses. In a medical malpractice case, the economic and non-economic damages you might be eligible to recover include:
- All required current and future medical expenses
- All necessary physical and occupational therapy
- Replacement costs of current and future lost income
- Compensation for your physical pain and suffering
In addition to these recoverable damages, you might also be entitled to compensation for any lasting or permanent physical impairment, disability, dismemberment, or scarring. Your lawyer can work with you to determine the actual costs of your injuries and to ensure the value of your potential lawsuit is accurately assessed.
Fight for Financial Recovery After a Missed Diagnosis
A missed diagnosis could negatively impact your health and lead to long-term physical, emotional, and financial damages. You do not have to cope with the aftermath of a missed diagnosis on your own. The at-fault party might bear financial liability for their negligence.
Find out if a failure to diagnose may be considered malpractice in your case by calling Morelli Law Firm. We represent victims of medical malpractice in New York City, on Long Island, and throughout New York State up to Albany. For a free case review with our client intake team, call us today at (212) 751-9800.